Acórdão nº 9850982 de Supremo Tribunal Administrativo (Portugal), 02 de Novembro de 1998
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 02 de Novembro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART767. CPC67 ART843 ART863.
Jurisprudência Nacional: AC RL DE 1988/10/04 IN CJ T4 ANOXIII PAG186. AC RL DE 1989/07/06 IN CJ T4 ANOXIV PAG119.
Sumário: I - Os efeitos materiais da penhora do direito ao trespasse e arrendamento ( ou seja, a penhora do estabelecimento enqunto unidade jurídica, com sede em prédio arrendado ), em execução movida contra o inquilino não interferem nos direitos do senhorio procedentes da relação locatária. II - Continua, assim, a ter o direito ao recebimento das respectivas rendas; quer das vencidas, quer das que se forem vencendo, e, não forem pagas, a gozar do direito de exigir o correspondente pagamento e de obter o decretamento judicial da resolução do contrato de arrendamento. III - Apenas o pagamento das rendas...
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